And Texas could experience that with the Nov. 8 ballot measure, a proposed constitutional amendment that would define marriage as a union between a man and a woman.

"We've got the poll numbers," he said. "The polls say the public is against same-sex marriage. But polls catch people where they are. In an election, people have to get up, get out, and go vote."

And in an off-year election, he said, with no high-profile candidates, voter turnout is low enough that just a small number can make a difference.

There are some fundamental reasons to vote for Proposition 2 on the November ballot, Sasser said. The Plano-based Free Market Foundation (of which the Liberty Legal Institute is a part) has published a voter guide that lays out the arguments.

The amendment "takes the issue out of the courts and lets Texans decide the definition of marriage," the guide says. And though there's currently a Defense of Marriage Act on the Texas books, a "constitutional amendment is necessary because statutes are being struck down in other states."

"This issue handed George W. Bush the election in 2004" because Ohio held a referendum on marriage at the same time as the presidential election, he pointed out.

"It's as if we're in the fourth quarter and the other side has scored some touchdowns," he said. "We've got to remind ourselves that we're still winning the game. And we've got to score some touchdowns ourselves."

Early voting for the Nov. 8 constitutional amendment election begins Oct. 24 and lasts through Nov. 4. The last day to request a ballot by mail is Nov. 1.

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